2013 CMHA HCVP Admin Plan - Cuyahoga Metropolitan Housing ...

If any family member fails to provide documentation or certification as required by the
regulation, that member is treated as ineligible.
If all family members fail to provide, the family will be denied or terminated for failure to
provide.
Participants whose termination is carried out after temporary deferral may not request a hearing
since they had an opportunity for a hearing prior to the termination.
Participants whose assistance is pro-rated (either based on their statement that some members are
ineligible or due to failure to verify eligible immigration status for some members after
exercising their appeal and hearing rights described above) are entitled to a hearing based on the
right to a hearing regarding determinations of tenant rent and Total Tenant Payment.
Families denied or terminated for fraud in connection with the non-citizens rule are entitled to a
review or hearing in the same way as terminations for any other type of fraud.
E. MITIGATING CIRCUMSTANCES FOR APPLICANTS/PARTICIPANTS
WITH DISABILITIES [24 CFR 982.204, 982.552(c)]
When applicants are denied placement on the waiting list, or the PHA is terminating assistance,
the family will be informed that presence of a disability may be considered as a mitigating
circumstance during the informal review/hearing process.
INSTRUCTION: Examples of mitigating circumstances are:
a) A person with a cognitive disorder may not have understood the requirement to report
increases in income
b) A person may not understand the need to make regular repayments on a promissory note
c) Minor criminal records for public drunkenness may be due to medication; prior
incarcerations for being disorderly may be emotional disorder.
Copyright 2000 by Nan McKay & Associates
To be printed only with permission of Nan McKay & Associates
Unlimited copies may be made for internal use
Approved by CMHA Board of Commissioners
October 3, 2012
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